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Amendment of section 11EE, Act XXVII of 1997

Act: Anti-Terrorism (Amendment) Ordinance 2013

Section Provisions

ORDINANCE VIII OF 2013 ORDINANCE VIII OF 2013 ANTI-TERRORISM (AMENDMENT) ORDINANCE, 2013 An Ordinance further to amend the Anti-Terrorism Act, 1997 [Gazette of Pakistan Extraordinary, Part I, 14th October, 2013. No F .2(1)/2013-Pub., dated 12-10-2013.---The following Ordinance promulgated by the President is hereby published for general information:-- Whereas it is expedient further to amend the Anti-Terrorism Act, 1997 (XXVII of 1997), for the purposes hereinafter appearing; Whereas the Ordinance aims at addressing shortcomings relating to the terrorism financing provisions in the Anti-Terrorism Act, 1997. In particular, the Ordinance strengthens the provisions creating the offence of terrorism financing; covering all aspects of the offence in the light of international standards and provides for more effective measures for law enforcement agencies to investigate the offences; Whereas the provisions on freezing, seizing and forfeiture of property involved in the terrorism financing offence have been strengthened to ensure that the funding of the terrorism financing offence is detected and seized after due process of law; And Whereas the National Assembly and the Senate are not in session and the President is satisfied that circumstances exist which render immediate legislation necessary; Now, therefore in exercise of the' powers conferred by clause (I) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:- 7. Amendment of section 11EE, Act XXVII of 1997.---In the said Act, in section 11 EE, (i) for subsections (1) the following shall be substituted, namely:-- "(1) The Federal Government may, by order published in the official Gazette, list a person as a proscribed person in the Fourth Schedule on an ex parte basis, if there are reasonable grounds to believe that such person is,-- (d) concerned in terrorism; (e) an activist, office bearer or an associate of an organization kept under observation under section 11D or proscribed under section 11B; (f) in any way concerned or suspected to be concerned with such organization or affiliated with any group or organization suspected to be involved in terrorism or sectarianism or acting on behalf of, or at the direction of, any person or organisation proscribed under this Act: Explanation.---The opinion concerning reasonable grounds to believe may be formed on the basis of information received from any credible source, whether domestic or foreign."; (ii) for subsection (3), the following shall be substituted, namely:- "(3) Where any person is aggrieved by the order of the Federal Government made under subsection (1), he may, within thirty days of such order, file a review application, in writing, before the Federal Government stating the grounds on which it is made, and the Government shall, after hearing the applicant, decide the matter on reasonable grounds within ninety days."; and (iii) after subsection (3) substituted as aforesaid, the following new subsection shall be inserted, namely:-- "(3A) A. person whose review application has been refused under subsection (3) may file an appeal to the High Court within thirty days of the refusal of the review application. (3B) The Federal Government shall form a Proscription Review Committee to determine all review applications under subsection (3)."